Liens/Orders 06/26/2008 Code Enforcement
Board
Liens/Orders
June 26 , 2008
CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA
AGENDA
Date: June 26,2008,at 9:00 a.m.
Location: Collier County Government Center,Third Floor,3301 East Tamiami Trail, Building F,Naples,Fl
34112.
NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE
PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING
TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS
ADJUSTED BY THE CHAIRMAN.
ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS
RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD
ALL STATEMENTS BEING MADE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING
THIS RECORD.
1. ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES—May 22, 2008
4. PUBLIC HEARINGS/MOTIONS
A. MOTIONS
1. Motion for Re-Hearing
BCC vs. Emma Houston CEB NO. 2007-114
2. Unopposed Motion to Dismiss without Prejudice
BCC vs.Patriot Square,LLC CEB NO. 2007060341
3. Motion for Extension of Time
BCC vs. Bail and Sandi Chemoff CEB NO.2007-105
B. STIPULATIONS
C. HEARINGS
1. BCC vs.AMG Properties,Inc CEB NO.2007090454
2. BCC vs. Caribe Investments of Naples,Inc CEB NO.2007030836
3. BCC vs. Erika Labra and Isidra Trejo CEB NO. 2007040147
4. BCC vs.Dagoberto and Maria Saldana CEB NO. CESD20080000885
5. BCC vs.Rufina Cruz and Moises Hernandez CEB NO.CESD20080001629
6. BCC vs.Jaime and Damarys Oliva CEB NO. 2006090513
7. BCC vs.Jaime and Damarys Oliva CEB NO. 2007080436
8. BCC vs. Affordable Whistler's Cove LTD CEB NO. 2007060558
9. BCC vs. Barron Collier Partnership CEB NO. 2007070830
5. OLD BUSINESS
A. Motion for Imposition of Fines/Liens
1. BCC vs. Willie L.and Marjorie Davis CEB NO. 2007-68
2. BCC vs. Emma Houston CEB NO. 2007-114
3. BCC vs. Frank Fernandez CEB NO.2006120290
4. BCC vs. Mahir Trading Corporation CEB NO. 2007020481
5. BCC vs. A. L.Petroleum, Inc CEB NO.2007040340
6. BCC vs. Cynthia Aurelio Markle CEB NO.2006060005
B. Motion for Reduction/Abatement of Fines/Liens
6. NEW BUSINESS
7. CONSENT AGENDA
A. Motion for Imposition of Fines/Liens
B. Request to Forward Cases to County Attorney's Office
1. BCC vs. Albert Houston, SR CEB NO. 2007-63
2. BCC vs. Albert Houston, SR CEB NO. 2007-64
3. BCC vs. Eduardo and Maria Rodriguez CEB NO. 2007-80
8. REPORTS
9. COMMENTS
10. NEXT MEETING DATE- July 31,2008
11. ADJOURN
illimilZk COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
2800 N.Horseshoe Dr. • Naples,Florida 34104 • 239-403-2440 • FAX 239-403-2343
DATE: July 2, 2008
TO: Trish Morgan, Clerk of Courts - Records
FROM: Bendisa Marku, Code Enforcement
RE: CEB Orders from 6/26/2008 Hearing
Please find attached the orders issued by the CEB.
I respectfully request that your office certify all documents contained herein and then
forward the document, with this memo, to the Recording Department for official
recording.
Recording Department Instructions:
Please record all documents contained herein as Orders/Liens and return the
originals interoffice mail to:
Bendisa Marku, Operations Coordinator
Collier County Code Enforcement
CDES Building
Please include a statement of all recording fees so that I may charge the appropriate
parties. The Code Enforcement Cost Account is 111-138911-649030.
Thank you all very much for your assistance. Should you have any questions or
require additional information, please do not hesitate to contact me at 252-5892.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO,2007040340
vs.
A.L. PETROLEUM, INC.,
Respondent
CORRECTED FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
Nunc pro tunc
THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard
testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its
Findings of Fact,Conclusions of Law,and Order of the Board,as follows:
FINDINGS OF FACT
1. That A. L. Petroleum,Inc. is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,appeared at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 8900 Davis Blvd.,Naples,Florida,Folio No.34740160001,more
particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land
Development Code,as amended,sections 10.02.06(BXI)(e), 10.02.06(BX2XeXi), 10.02.06(BX2Xa,,,
10.02.06(BXe)(d),and 10.02.06(BX2Xd)(ix);and Collier County 2004.58,Property Maintenance for the
Unincorporated Area of Collier County,sections 16(1Xn)(3)and 16(2)(j)in the following particular3:
Pole sign altered without required permit and is not being maintained in good repair. Three banners
attached to the canopy without required permits. Two wall signs without required permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections
10.02.06(B)(I)(e), I0.02.06(BX2)(exi), I0.02.06(B)(2)(a), 10.02.06(BXeXd),and 10.02.06(B)(2)(d)(ix);and
Collier County 2004.58. Property Maintenance for the Unincorporated Area of Collier County,sections 16(1)(n)(3)
and I6(2)(j) be corrected in the following manner:
1. By obtaining all required Collier County Building Permits,Inspection,and Certificate of Completion
for all signs within 90 drys(April 23,2008). The permit number is to be affixed to the sign at the t ime of CO.
2. In the alternative,by removing all non-permitted signs including supporting structures within 90days
(April 23,2008). Should a wall sign be removed,removal is to include any shadowing that may be created.
3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 23,2008
then there will be a fine of$100 per day for each day for each day the violation remains.
4. That if,in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board
by April 23,2008,then there will be a fine of$100 per day for each day the violation remains.
5. That the Respondent is to notify Code Enforcement officials that the violation has bee I abated
and request the Investigator to come out and perform the site inspection.
6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$573.86 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Orc er appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
D NE AND ORDERED this 30th day of January,2008 at Collier County,Florida and re-iigned this I
day of ,2008, nunc pro tunc.
CODE ENFORCEMENT BOARD
COLLI R COUNTY`F •RI•
BY: =��L4.. /
erald LeFeb Chai
2800 North . e rseshoe D- e
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this day o
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida, ho is
personally known to me or ✓who has produced a Florida Driver's License as identification.
w.► w n��
KgISt1NE H0L70N NOTARY PUBLIC
My SAMNHSSION#DD 686595
r EXPIRES:June 18,2011 My commission expires:
£° 8ondod Thru Note P bUUnden"mero
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct-copy of this ORDER has been sent by U. S. Mail to A.L.
Petroleum,Inc.,Arthur H.Lennox,Reg.Agent,8900 Davis Blvd,Naples,FL 34104 this 1ST— day of
2008:
M.Jean wson,Esq.
Florida Bar No.750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste.300
Naples,Florida 34102
(239)263-8206
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2007040340
vs.
A.L.PETROLEUM,INC.
Respondent
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before the Board on January 24,2008,after due notice to
Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on January 30,2008 and
furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4325,PG 3066,
et.seq.on January 1,2008.
An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on April
29,2008,which Affidavit certified under oath that all of the required corrective action had not been taken as ordered
(wall signs),although the Respondent had partially complied. The Respondent is now in full compliance.
Accordingly,it having been brought to the Board's attention that Respondent did not fully comply with the
Order dated January 30,2008,it is hereby
ORDERED,that the Respondent,A.L.Petroleum,Inc.,pay to Collier County reduced fines in the amount
of $750 for the period of April 24,2008 through June 25,2008. The operational costs incurred in the prosecution of
this case have been paid.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against
the property as described and/or any other real or personal property owned by Respondent.
T
DONE AND ORDERED this 1 5 day o ,2008 at Collier County,Florida.
DE E FORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY:
4
Gerald LeFebvr Ch
, air
2800 North Horseshoe Dri e
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 1 sr day of 2008,by Gerald
LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to
me or ✓ who has produced a Florida Driver's License as ide tification.
I(RISnNE HOLTON NOTARY PUBLIC ��c
` P-P.,t MY COMMISSION#DO 686595
*; Y My commission expires:
*;. _,.`€ EXPIRES;June 18,2011
Bonded Thru Notary Pubic Undenrr9ars
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to A.L
Petroleum,Inc.,Arthur H.Lenox,R.A.,8900 Davis Blvd.,Naples,FL.34104 this l ST day of
2008. v �—
�M -.Je at.e..46---?a,c.tre,_ .--
wson,Esq.
Florida Bar No.750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste.300
Naples,Florida 34102
Stets fib RO .--,,-,0 : :r ;,�'SY_ (239)263-8206
:aunty of COLDER .
I HEREBY cgar8014rthl b a true 00
7orrect cony of a aoctirrettt 004 tte in
:Board Minutee Oho Recoros of Cofer Count)
niy ti sio official t this
"bay of
"MIGHT E. BROGit"Ct RK QF COURTS
allft imaddiaLt.... SQ...i.m 0..valsompfill Mr
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Case No.: 2007080436
vs.
JAIME AND DAMARYS OLIVA,
Respondents
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on June 26,2008,and the Board,having heard
testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its
Findings of Fact,Conclusions of Law,and Order of the Board,as follows:
1. That Jaime and Damarys Oliva are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the
Respondents,having been duly notified,appeared at the public hearing,and entered into a Stipulation.
3. That the Respondents were notified of the date of hearing by certified mail and by posting.
4. That the real property located at off Wild Turkey Drive,Naples, FL,Folio 001110760502,more
particularly described as as Parcel#1: The West 1/2 of the Southeast 1/4 of the Southwest '/a of the Southeast 1/4 of
Section 26,Township 47 South, Range 27 East,lying and being in Collier County,Florida; Parcel #2: the East
one half of the Southeast one-quarter of the Southwest one-quarter of the southeast one-quarter of Section 26,
Township 47 South, Range 27 East,lying and being in Collier County,Florida is in violation of Collier County
Ordinance 04-41, the Land Development Code,as amended,section 3.05.01(B)in the following particulars:
Vegetation removed on an undeveloped property without obtaining the proper required Collier County
permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section
3.05.01(B)be corrected in the following manner:
1. By preparing a mitigation plan which meets the criteria stated in 04-01,as amended,Section 10.02.06
E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Section
10.02.02.A.3. The Respondent is required to establish a monitoring program(10.02.06 E..3.e.i)that would
determine the 80%survivability of species of the plants used in the mitigation effort over a two year period with
replacement required to maintain the 80%minimum annually. A minimum of two reports will be submitted by the
Respondent. This mitigation plan must be submitted within 60 days (August 25,2008).
2. All plant materials must be installed in accordance with the mitigation plan within 120 days of
acceptance of mitigation plan.
3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25,
2008,then there will be a fine of$200 per day for each day until such time as the mitigation plan is submitted.
4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 120 days of
acceptance of mitigation plan,there will be a fine of$200 per day for each day until the plant material is installed.
5. That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform the site inspection.
6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$460.20 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this I' day of ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD /
COLLI.R COUNTY,F /S RIDA
BY: fit/ /
-raid Lefebvre,C air
2800 North Hors-shoe Driv,f
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this ST-
day of
2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,who is
personally known to me or ✓ who has produced a Florida Driver's License as identification.
KPJSTINE HOLTON
fsl IA MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES,June 18,2011 My commission expires:
a Bonded Thru Notary Public Undenvnters
CERTIFICATE OF SERVICE
I,HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jaime
and Damarys Oliva, 110 Jung Blvd. W.,Naples,FL 34120 this 1ST' day of di • ,2008.
/71,
M.:Yea Wson,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
40Q Fifth Ayr nue S.,Ste. 300
Naples,Florida 34102
(239)263-82Q6
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs.
CASE NO. 2007080436
Jaime & Damarys Oliva, Respondent(s)
STIPULATION/AGREEMENT
c�
COMES NOW, the undersigned, Ct'I rn e• at/ 1 , on behalf of himself or
as representative for Respondent and enters into this Stipulation and
Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number
2007080436 dated the 26th day of June, 2008.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for June 26th, 2008; to promote efficiency in the administration of the code
enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the
parties hereto agrees as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their
existence.
2) The violations are that of Collier County Land Development Code as amended section(s)
03.05.01(B) are described as Vegetation removed over the allowable acreage without obtaining
the proper permits.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$460.20 incurred in the prosecution of this case within 30
days of this hearing.
2) The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended
Sec. 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the
credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring
program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in
the mitigation effort over a two year period with replacement required to maintain the 80% minimum
annually. A minimum of two reports will be submitted by the respondent. This mitigation plan must be
submitted within 60 days of this hearing or a daily fine of $200.00 will be imposed for each day until
mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan
within 120 days of acceptance of mitigation plan or a daily fine of$200.00 will be imposed for each day
until plant material is installed.
3) Respondent must notify Code Enforcement that the violation has been abated and request the
Investigator to come out and perform a site inspection.
ME— NEifr
Respondent Mi elle Arnold, Director
Code Enforcement Department
( e W per
Date Date
REV 2/23/06
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2006060005
vs.
CYNTHIA AURELIO MARKLE,
Respondent
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before the Board on January 24,2008,after due notice to
Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on January 30,2008 and
furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4325, PG 2995,
et. seq. on January 31,2008.
An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on
February 12, 2008,which Affidavit certified under oath that the required corrective action has not been taken as
ordered.
Accordingly, it having been brought to the Board's attention that Respondent has not complied with the
Order dated January 30,2008, it is hereby
ORDERED,that the Respondent,Cynthia Aurelio Markle,pay to Collier County fines in the amount of
$10,300 for the period of February 8,2008 through May 21,2008 at a rate of$100 per day,plus fines in the amount
of$5,900 for the period between March 23,2008 and May 21,2008,plus$320.05 for the operational costs incurred
in the prosecution of this case for a total of$16,520.05.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against
the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this `sr
day o ,2008 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
vQ:
BY: 44 / _
Gerald LeFeb e,Chair Afr
2800 North Horseshoe D re
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this IST day o ,2008,by Gerald
LeFebvre,glair of the Code Enforcement Board of Collier County, Florida,who is personally known to
me or t/ who has produced a Florida Driver's License as identi ication.
.. KRISTINEHOLTON NOTARY PUBLIC
MY COMMISSION#DD 686595 My commission expires:
r EXPIRES:June 18,2011
'i, f'ty,P Bonded Thru Notary Pubec Underwnters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Cynthia
A. Markle,4442 Wilder Road,Naples, Florida 34105 this 1 S day of ,2008.
M.Jea i• wson,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples, Florida 34102
9)263-8206
Stftot FLORIDA
wK
:ounty of COLLIER •
1 HEREBY CERTIFY THAT this Is a true SOO
:orrect copy eta aocumept on file in
Board Minutes an6;#tor.of :Collier Counts
i ; ' ts
,..
'WIGHT E. PROC K,CLERK OF COURTS
cT
aw, r i4: ∎ • — '• •,.,.wy,Wee
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO. 2006120290
vs.
FRANK FERNANDEZ,
Respondent
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before the Board on March 27,2008,after due notice to
Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on April 2,2008 and
furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4352,PG 1976,
et. seq. on April 23, 2008.
An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on May
6,2008,which Affidavit certified under oath that the required corrective action has not been taken as ordered.
Accordingly,it having been brought to the Board's attention that Respondent has not complied with the
Order dated April 2,2008, it is hereby
ORDERED,that the Respondent, Frank Fernandez,pay to Collier County fines in the amount of$3,600 for
the period of April 27,2008 through May 15,2008(18 days)at a rate of$200 per day, plus$463.99 for the
operational costs incurred in the prosecution of this case for a total of$4,063.99.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09, Florida Statutes,constitute a lien against
the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this iSr. day of ,2008 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
/
BY: AJL1._4/i
erald LeFebvre, V air
2800 North Horse oe Drive /'
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
ST-
1
The foregoing instrument was acknowledged before me this tS day of 2008,by Gerald
LeFebvre,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to
nee or ,/who has produced a Florida Driver's License as ide 'fic ti n.
ti% i'.•- KRISTINE HOLTON NOTARY PUBLIC
_. '• MY COMMISSION#DD 686595 My commission expires:
„. 9od.dThmEfJune P is 2u Ondwwntere
•ice CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been senjy U. S. M it to Frank
Fernandez, 17150 Collins Avenue, 101-247,Sunny Isles Beach,Florida 33160 this IS day of
2008.
M.Jean wson,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
nets of nom -
400 Fifth Avenue S.,Ste. 300
;,f Naples,Florida 34102
:ounty Of COLLIE . (239)263-8206
I HEREBY CERTIFY THAT this is a trues*
lorrect copy of a aoqument on file in
hoard Minutes r'Reiaro ,of Collier Count)
1aSa7 ! t} ths
y 4'
)WIGHT,E: ROi,K,CLERK OF:.COURTS
•
110 Mb rAit ,p
-11 6
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007-105 •
vs.
BART AND SANDI CHERNOFF,
Respondents
ORDER ON MOTION FOR EXTENSION OF TIME
THIS CAUSE came on for public hearing before the Board on June 26,2008,on the Respondents' Motion
for Extension of Time, and the Board having heard considered the matter,and being duly advised in the premises,
hereby GRANTS the said Motion.
ORDER OF THE BOARD
Based upon the foregoing,and pursuant to the authority granted in Chapter 162, Florida Statutes,and
Collier County Ordinance No. 92-80, it is hereby ORDERED:
That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of
time to September 25, 2008. Board meeting to be held at 2800 North Horseshoe Drive,Naples, Florida.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ST day of ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,F ORIi• /
BY'% /,/ i�
Gerald LeFebv',Chair /
2800 North orseshoe • ive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this \Srday of
2007,by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, rida,who is
personally known to me or L'who has produced a Florida Driver's License as identification.
ILISt."1:\A. ktiali.C.\I''''Ss.
'c yam, KRISTINE HOLTON
.; A .r MY COMMISSION#DD 686595 NOTARY PUBLIC
*,,,•7'...•%.1.#„l BondadThlruNotaryUnPub FcUndewrtors I My commission expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Burt and
Sandi Chernoff, 840 7th Street N. W. Naples 34120 and to Colleen McAllister, Esq.,5147 Castello Drive,
Naples, Florida 34103 this 1s day of ,2008.
Jean son, Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples,Florida 34102
(239)263-8206
;aunty of COLLIER '
I HEREBY CERTtl;1�,THAT this Is s trusM.
:orrect coey r,-a Q''o urn a on file In
Board Minetand oros of Collier Count)
A ha -.o` 4 s his
o f k
)WIGHT ,BI K,CLERK OF COURTS
!♦'
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO.2007090454
vs.
AMG PROPERTIES, INC.
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on June 26,2008,and the Board,having heard
testimony under oath,received evidence,and heard respective to all appropriate matters, thereupon issues its
Findings of Fact,Conclusions of Law,and Order of the Board,as follows:
1. That AMG Properties is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,failed to appear at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by postings
4. That the real property located at 3831 Arnold Avenue,Naples, FL,Folio 00278360006,more particularly
described as (see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,
as amended,sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)in the following particulars:
Construction/additions/remodeling done without proper permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections
10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)be corrected in the following manner:
1. By obtaining permits for all unpermitted construction/remodeling/additions of office space on
property and obtaining all inspections through certificate of completion within 120 days(October 24,2008).
2. In the alternative,by obtaining a demolition permit and removing any unpermitted
construction/remodeling/additions within 120 days(October 24,2008),restoring the building to its original
permitted state,and removing all construction waste to the appropriate site for such disposal.
3. By ceasing any activity that is not in compliance with and in accordance to the Land Development
Code of Unincorporated Collier County.
4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 24,
2008, then there will be a fine of$200 per day for each day until such time as the unpermitted
construction/remodeling has been permitted, inspected and CO'ed.
5. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board
by October 24,2008,there will be a fine of$200 per day for each day until such time as the building is restored to
its permitted state and all unpermitted construction/remodeling/additions have been removed and all construction
waste has been removed to the appropriate site for such disposal.
6. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$502.49 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this �— day of ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
/
i
BY:4i/ ..L.A i,.. -
erald Lefebvr=,Chair
2800 North Horseshoe Drive
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this IS day o Q► ,
2008, by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,who is
personally known to me or ✓ who has produced a Florida Driver's License as identification.
_Y,),..A.5 ).". .14 ti-LIAL
'l"M•.11ri'''. KRISTNEHOLTON NOTARY PUBLIC
an MY COMMISSION it DD 686595 My commission expires:
. .• = EXPIRES:June 18,2011
,,; S%," Bonded Thru Notary Pubtle Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to A.M.G.
perties, Inc.,Jose A.Garcia, R.A., 7301 SW 57th Court,Suite 500,South Miami, FL 33143 this lsr day of
,2008.
M.Jea wson,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples, Florida 34102
. (239)263-8206
IIIIMIN
/ 9 `-`'c--- 2190750 OR: 2319 PG: 2840
IRO[OU U Op3cI1L 1[C1a[ of 1LLIU cOUn, IL
11/15/17 at WHIN ORat 1. U0X[, CLIU
Property Appraiser's COQ 215111.10
[IC ill 11.51
Parcel Identification No. 0278360006 11C-.11 1015.11
[eh:
Prepared by: UCWL 1 101111C
MICHAEL P. HORNUNG, ATTORNEY AT LAW 11515 ULL?OM 01 ST[ 311
13515 BELL TOWER DRIVE, SUITE 300 PT mu It 33117
FORT MYERS, FLORIDA 33907
125-97
(Space above this line for recording data.)
WARRANTY DEED (STATUTORY PORN - SUCTION 669.02, 7.9.)
THIS MENTOR', made this 30th day of May, 1997, Between NIBR HOLTON, as
GRANTOR*, whose address is 6095 Waterway Bay Drive, Fort Myers, Florida
33900, and A.K.O. PROPIRTI86, INC., a Florida corporation, as GRANTER•,
whose address is c/o Jose A. Garcia, President, 3510 N.W. 60th Street.
Miami, Florida 33142;
WZTNZSBETN that said Grantor, for and in consideration of the sum of TEN AND
N0/100'5 DOLLARS ($10.00), and other good and valuable considerations to
said Grantor in hand paid by said Grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said Grantee, and
Grantee's heirs and assigns forever, the following described land, situate,
lying and being in Collier Coun - - da, to-wit:
-ER C
SIR mISIT •A• ATTACBm ., HEREOF BY RRFBRIIICR.
"J
SUBJECT TO easements, es Actions and reserve moons of record, and property
taxes for the carrel y r
THIS IS NOT NOW, "'-I' �,r� t,,. PR. RIMY OF GRANTOR, HIS
SPOUSE OR FAMILY, R f T 18,, Ti,�P*
and said Grantor do .-re- fu • wa ., a o said land, and will
defend the same aga the lawful clai -1 ;ef sons whomsoever.
•"GRANTOR" and "G---,• - • are used fo - - 1 V plural, as context
requires. r., l)
IN WITMi88 WNiREOF, Gran `J t
and year first above written.
CIR � r a hand and seal the day
Signed, sealed and delivered in our press
'- /4'17-t(` s---- '
Signature of itness MIKE HOLTON
Print Name2/CyN C p✓/NS
c>444,044...‘ cu t/m_e.cti.
Signature of Witness
Print Name,5JSG/1 r�in:rtor.
(-./
STATE OF FLORIDA ; COUNTY OF -efC-
The foregoing instrument was acknowledged_before me this d__day of May,
1997, by NIKE BOLTON, who is a y known to-.re, or who produced
-�— as identification.
My commission expires: )77a-c.,..i �/
OTARY PUBLIC
EY owmul.1N NOTAWV*
owa 001111
JP
00 ccsiNtwsM s
of It WEPT 1!11
•
OR: 2319 PG: 2841 ***
Mill ttt SEE EXHIBIT •A•ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE.
Commencing at the North 1/4 corner of Section 36,Township 49 South,
Range 25 East,Collier County, Florida;thence along the North line of
said Section 36, S89.2444'w 661.75 feet for the Place of Beginning •
of the Parcel herein described;thence S00`38'58"E 229.23 feet;thence
589.21'02'W 110.30 feet;Thence N00'38'55"W 229.35 feet to the
North fine of said Section 36;thence along the North line of said
Section 36, N89~24'44"E 110.30 feet to the Place of Beginning;
being a part of the Northwest 1/4 of -n'•,1 •,Township 49 South,
Range 25 East,Collier County •, l , '. . as Parcel 12
of Block B,of Naples Ind ' . ■ . ,,, 12,
being part of the North 1 •Z+ 'orthwest 1/4 0' ' . Recorded,
,.,..� � Township
49 South,Range 25 -j'ier County, Florida, tog - er all
improvements!beret.
1. _
C1�
14 CIR-
•
•
4
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO. 2007060558
vs.
AFFORDABLE WHISTLER'S COVER LTD
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on June 26,2008,and the Board,having heard
testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its
Findings of Fact,Conclusions of Law,and Order of the Board,as follows:
1. That AFFORDABLE WHISTLER'S COVER LTD is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,appeared at the public hearing,and entered into a Stipulation.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 11490 Whistlers Cove Circle,Naples,FL,Folio 439840006, more
particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land
Development Code,as amended,section 4.06.05(J)(2)in the following particulars:
Required landscape has fallen below Collier County approved Site Development Plan 97-006 standards.
ORDER OF THE BOARD
■
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section
4.06.05(J)(2)be corrected in the following manner:
1. By restoring the required landscape of the property to the standards set by the Collier County
approved Site Development Plan 97-006 with attention paid to required landscape and native vegetation areas
within 90 days( September 24,2008).
2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 24,
2008, then there will be a fine of$150 per day for each day so long as the violation persists.
3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
4. That the Respondent is ordered to pay'all operational costs incurred in the prosecution of this
case in the amount of$545.35 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this 5-r day of ,2008 at Collier County,
Florida. (J�
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FL 1 RIDA
BY.
C er'.Id Lefebvre, v air If
2800 North Hor.eshoe Drive
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this tday of
2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,w o is
personally known to me or ✓who has produced a Florida Driver's License as identification.
"iitA KRISTINE NO!TON ��p'rjVy`q
1 MY COMMISSION#DD 686590 NOTARY PUBLIC
_.•• EXPIRES:June 18,2011
'� ' Bonded nee Notary Public Umierwritcrs My commission expires:
.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to
Affordable Whistler's Cove Ltd.,Dwayne N. Gray,Jr.,R.A.,201 Pine Street,Ste. 500,Orlando,FL 32801
this XS' of ,2008.
(21.Jean,
son,Esq.
Florida :ar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste.300
Naples, Florida 34102
(239)263-8206
State 1i FLORIDA
;ounty of COLLIER
I HEREBY CERTIFY , • AT this k a true an
•.orreat copy ot, =abc rneht;on'tale in
Board Mlnut�r`Mand Recoros Collier Coon%
.11.1AsS n nd offilipkisail this
)WIGHT E.`j6't0 .fr;CLERK 0`
Op
ic1dd. . 02%,,..�,.�..
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs.
DEPT NO: 2007060558
Affordable Whistler's Cove Ltd.
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Sc .7T Zt xi w c. K4 H , on behalf of
C.tA( t f/th; to v c 4f+ L� as representative for Respondent and enters into this Stipulation and Agreement
with Collier County as'to the resolution of Notices of Violation in reference (case) number 2007060558 dated the 21st day
of June, 2007.
In consideration of the disposition and resolution of the matters outlined in said Notice(s)of Violation for which a hearing is
currently scheduled for June 26, 2008; to promote efficiency in the administration of the code enforcement process; and to
obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their
existence.
2) The violations are that of section(s)4.06.05 (J)(2)and are described as: Required Landscape
has fallen below Collier County approved Site Development Plan 97-006 standards.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$545.35 within 30 days of this hearing incurred in the prosecution----- —__..-_
of this case.
2) Abate all violations by:
(a) Restore the required landscape of the property to the standards set by the Collier County approved Site
Development Plan with attention paid to required landscape and native vegetation areas withinQdays
of this hearing or a da' penalty of$150.00 ill b 'mposed as long as violation persists.
q't-dog
3) Resp'•n•ent must notify Code Enforcement that the violation has been abated and request th 9.✓
Inves ig.:tor to come out and perform a site inspection.
1
A. k.' Gf/a,� ft+C. lye
Re son-de,' ichelle Arnold, Director
Code Enforcement Department
. ` G or 1/ -jt)
Dat- Date
REV 2/23/07
. 2625493 OR: 2667 PG: 1744
ucopn is OflICUL woos it cod uu cow, n
• 04/25/2114 at 11:4111 DE 1. 110Ct, Cult
y mai leas I UC 111 15.14
N.Dow as.r.t+a DOC-.11 .71
T
t a,..EA
Wm Rata:
no v.cis rw a.r ud MID= MIN UIVICq
01•41..11.11181
UuIU1 III
1n ssu
UTILITY FACILITIES
WARRANTY DEED
THIS INDENTURE made this 25th day of March, 1999,between AFFORDABLE/WHISTLER'S COVE,
LTD.,a Florida limited partnership(hereinafter referred to as"GRANTOR"),and the BOARD OF COUNTY
COIvO,IISSIONERS,COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DI
STRICT.its successors and assigns,(hereinafter referred to as"GRANTEE").
WITNESSETH:
That said Grantor,for and in consideratio s . „ . Ten Dollars and other good and valuable
coasidetation to said Grantor in hand paid (a.. . --V 3 i whereof is hereby acknowledged,has
granted,bargained and sold to the said r- M,#_ and assigns forever,all utility
facilities lying within the following ,- • together with .. easement rights for the operation,
isatal adoa and maintenance of -_•, M - situate`lying and being t Co r County,Florida,to wit:
"
(See ' �it"A" � �, •,.,r „rated ref �,. , ., ', )
and said Grantor does hereby 1-' t""t' ' 1 . ��F N defend the same against the
cb hall daims of all persons J - - utility facilities conveyed herein
,� \ shall not be deemed to convey • F - - _, -+� . -and Grantee are used for
iiWrLr s or plural,as context -, -
IN WITNESS WHEREOF, t. has caused these prese . (s - -. the date and year first above
.written.
WITNESSES: Tj + +• j
WITNESSES: AFFORDABLE/WHISTLER'S COVE,LTD..
a Florida limited partnership
"v `r
�1 _ By: WHISTLER'S COVE,INC.,a Florida
P�q: �jQ b()rt h C C . 1 10, 5t- corporation.its General Partner
By'
��, •Todd 8orc9�
G�Ge,•r•.• Title: Pruident
•
Ftinc: Iy.L7✓rt�,�L
I
a
•
• • OR: 2667 PG: 1745
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was executed before me this 25th day of March, 1999,by Todd Hord,as Vice
President of WHISTLER'S COVE,INC.,a Florida corporation,as General Partner of
AFFORDABLE/WHISTLER'S COVE,LTD.,a Florida limited partnership,on behalf of said corporation and said
partnership. He is personally known to me.
Notary Public;State o Florida
Print Name: /v A147 I orhity. JYL
My Commission Expires:
My Commission No.:
limas I.its
' MINN OM 1111.1111111,MI
0 uftwrawientununurr FAC �v R C
-1111).
CZ 0 V E-i
o
.71-1E
2
•M ..R-23-96 TUE 1C:54 1M P. 11/1E
., -
*** OR: 2667 PG: 1746 ***
EXI{18l r"A"
LaCu vRscan'rz ,
All that part of Section 32, Township SC So;rth,saage 1s past, ly.:tg Not and
Cast cf the Tamiami Trail (u.S. Jtiahway 4■I l.ts5 AM) GUM • parcel of land
described as follows:
beginning At the tntereection of the North lisle of said Section 12 with the
Northeasterly right-DC-way line of the Taniaali Trail (U.S. highway 41) , r.,n North
if degrees $7. )0• last 185.50 fest along the said scant lies of Section 32;
th'sce Swath $1 depress li' )0° West 347.0, feet to the laid rigat•of•way lino.
therm' Worth 3! degrees 31. 30' Vest tot.ou feat along said right-of-way tine ee
the Point of ',ginning.
ONO OF LIIAL Oi$CRS!.ftON
Gp f Nnuu ,'ruing
unsau.1w•u r. ,i ,
whop axxavol.
a CC ° V E-4
Cn� Vii`
41ECIRCA
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2007-68
vs.
WILLIE L.AND MARJORIE DAVIS,
Respondent s
/
ORDER ON MOTION TO CONTINUE
THIS CAUSE came on for public hearing before the Board on July 26,2008,on an Agreed
Motion to Continue,and the Board having heard considered the matter,and being duly advised in the
premises,hereby GRANTS the said Motion to Continue.
ORDER OF THE BOARD
Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,.
and Collier County Ordinance No.92-80,it is hereby ORDERED:
That the Motion for Continuance is GRANTED. This matter will be heard on July 31, 2008.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)
days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall 3e limited
to appellate review of the record created within. Filing an Appeal shall not stay the Board's Orcer.
DONE AND ORDERED this t Sc- day of ,2008 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,F O'/DA/
State oft FLORIDA BY: - '/ .,/;OWnty of COLD e . d LeFebvre, • air
2800 North Hor shoe Driv-/
I HEREBY CERTIFY THAT this ire buean Naples,Florida 34104
:orrect cow at a.document-On file in
Board Minute's and Recoros et Collier Count
IWISaym■yolittrif:t0001 this
)WIGHT E. BROOK.CLERK OF COURTS
..pdu.A.A4..AiesatsuiokL
,,....... ..,
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
i Sr
The foregoing instrument was acknowledged before me this I day of ,2008,by
Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,
personally known to me or N.--who has produced a Florida Driver's License as identification.
",,,, IRISTINE HOITON NOTAI Y PUBLIC
'• MY COMMISSION#DD 68659.- My commission expires:
W.% EXPIRES:June 18,2011
•jingo Bonded Thru Notary Public Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sesnt by U. S.Mail to
c?:514.1)
Willie L.and Marjorie Davis,4971 22nd Avenue S.W.,Naples,FL 34116 this 1 day of
,2008.
/12 (e--( 14 326s'-i
M.Jean son,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste.300
Naples,Florida 34102
(239)263-8206
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2007-114
vs.
EMMA HOUSTON,
Respondent
/
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before the Board on January 24,2008,after due notice to
Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on January 30,2008 and
furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4325,PG 3025,
et. seq.on January 31,2108.
An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on April
24,2008,which Affidavit certified under oath that the required corrective action has not been taken as ordered.
Accordingly,it having been brought to the Board's attention that Respondent has not complied with the
Order dated January 30,2008,it is hereby
ORDERED,that the Respondent,Emma Houston,pay to Collier County fines in the amount of$4,400 for
the period of April 24,2008 through May 15,2008(22 days)at a rate of$200 per day. The operational costs have
been paid.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against
the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this I sr day o ,2008 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY: _r ri/�.�. ✓ '-/_/
e :Id LeFebvr- Chair 7
2800 North H. seshoe D fr
Naples,Flori' • 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 1S'-day of ,2008,by Gerald
LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to
me or ../-who has produced a Florida Driver's License as ident' cation.
„ KRISTINE NOTARY PUBLIC
.
,• A MY COMMISSION#DO 686595 My commission expires:
1;t EXPIRES:June 18,2011
Bonded Thru Notary Public Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDE as been sent by U.S.Mail to Emma
Houston,P.O.Box 1275,Immokalee,Florida 34143 this t%c day o ,2008.
/7 ?t
M.Jean ',son,Esq.
Florida :air No.750311
Attorney for the Code Enforcement Board
State of FLORIDA " r 400 Fifth Avenue S.,Ste.300
.ounty of CALM i'41 pr Na p les Florida 34102
• (239)263-806
HEREBY CEfTil?Y,THAT°.Rt **8 WS SW
:orrect coD)(pt a.aceumenpn Me to
3oard Minus and Recdro f County
0IT,'>a'F S my:e� rid of "4411 al WS
`_ bay of
DWIGHT E. BROtGK,CLERK OF COURT$
#flt ._.•.••o••• ar
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2007-114
vs.
EMMA HOUSTON,
Respondent
ORDER ON
MOTION FOR RE-HEARING
THIS CAUSE came on for public hearing before the Board on June 26,2008,on the Respondent's
Motion for Rehearing. The Respondents,having been duly notified,failed to appear at the time of the
hearing.
The Board now makes the following Findings of Fact:
1. The Request of the Respondent for a Re-hearing is untimely.
2. The County objected to the Motion.
ORDER OF THE BOARD
Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,
and Collier County Ordinance No.92-80,it is hereby ORDERED:
The Motion for Re-Hearing is DENIED.
Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)
days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited
to appellate review of the record created within. Filing an Appeal shall not stay the Board's Orcer.
DONE AND ORDERED this ' S l—day o 2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLL R COUNTY,FLO'1 DA /
Stets of FLORIDA *.,.
:ountI of COLLIER erald LeFebvre, air
2800 I HEREBY CER71F AT this Is B truer Naples,North id 34104 Drive
Naples,Florida 34104
;orfect copy qt a o cugt on fife to
Board Minutes and Recoras,,of Collier County
y.�TS,�ny ttan 'offiet41 se this
WIGHT E. BROGK,CLERK OF COURTS
-_ y .
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this■1.1.—day of ,
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, rida, io is
personally known to me or ✓ who has produced a Florida Driver's License as ident fication.
M
,�� " ';, KRISTIMEFIOl.TON
=+; MY COMMISSION 0 DD 886595
r EXPIRES:June 18 2011
NO ARY PUBLIC
,., ' Banded Thru My commission expires:
J N.� �
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has een sent by U. S. Mail to
Emma Houston,P.O. Box 1275, Immokalee,FL 34143 this I 1 day of ,2008.
M.Je 2aritAf-74
wson,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste.300
Naples,Florida 34102
(239)263-8206
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2007020481
vs.
MAHIR TRADING CORP.,
TAMANNA CHOWDHURY,R.A.
Respondent
ORDER IMPOSING FINE/LIEN
AND ORDER ON
MOTION TO REDUCE/ABATE FINES
THIS CAUSE carne on for public hearing before the Board on June 26,2008,on the Respondents'Motion to
Reduce/Abate Fines. The Respondent appeared in person. The Board having considered the following(a)the
gravity of the violation;(b)actions taken by the Respondents to correct the violation;(c)whether there were
previous violations committed by the violator;(d)the cost upon the violator to correct the violation;(e)the
reasonable time necessary to correct the violation;(0 the value of the real estate compared to the amount of the
fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code
Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested
mitigation appropriate,and being duly advised in the premises,hereby grants the said Motion to Reduce/Abate Fine.
THIS CAUSE came on for public hearing before the Board on February 28,2008,after due notice to
Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on March 4,2008 and
furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4336,PG 2745,
et.seq.on March 7,2003.
An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on April 7,
2008,which Affidavit certified under oath that the required corrective action has been taken as ordered.
Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order
dated March 7,2008,it is hereby
ORDERED,that the Respondent's Motion to Reduce/Abate Fines is GRANTED. IT IS ORDERED that
the Respondent,Mahir Trading Corp.pay to Collier County a reduced fine in the amount of$1,500 for the period of
March 31,2008 through May 20,2008. The operational costs incurred in the prosecution of this case have been
paid.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this Sr day of 2008 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
B �i 1i.� r -
erald LeFebvr:,C air
2800 North 11, eshoe D' e
Naples,Flo ''a 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this tSrday o ,2008,by Gerald
LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to
me or ✓who has produced a Florida Driver's License as identification.
KRISTINE HOLTON NOTARY PUBLIC
IA MY COMMISSION A DD 686595
My commission expires:
xa�..': EXPIRES:June 18,20 i
�Illfi• Bonded Thtu Notary pubficr?`J"
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.?sail to Mahir
Corp.,Tamanna Chowshury, R.A.,409 N.E.2"d Street,Belle Glade,FL 33430 this 1'Si day of
VA,_ • ,2008.
M.Je. j;'wson,Esq.
Florida :ar No.750311
-�"
State Or FLORIDA {- , Attorney for the Code Enforcement Board
;aunty Of COLLIER 400 Fifth Avenue S., Ste.300
t'v Naples,Florida 34102
I HEREBY CERTIFY TIFY THAT{ail Is S ttlie Sid (239)263-8206
;orrect coDot a document bti;,file M
oard Mirdtes.ard.Records 0 ollier Count,
i* gacvn e• c Oicialsgal this
'MIGHT' E. B OMAl.>;RKOF COURTS
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO.2007030836
vs.
CARIBE INVESTMENTS OF NAPLES,INC.
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on.June 26,2008,and the Board,having heard
testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its
Findings of Fact,Conclusions of Law,and Order of the Board,as follows:
1. That CARIBE INVESTMENTS OF NAPLES,INC.is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified,did not appear at the public hearing,but entered into a Stipulation with the
County prior to the hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 12275 Collier Blvd.,Unit 1,Naples,FL,Folio 35778600008,more
particularly described as The South 30'of Lot 29 and all of Lots 30,31,and 32,Bloc 74,Golden Gate,Unit Two,as
recorded in Plat Book 5,Page 65,of the Public Records of Collier County,Florida is in violation of Collier County
Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(lXe)and
I0.02.06(B)(1)(e)(i)in the following particulars:
Unpermitted removal and erection of separation firewalls in order to expand the space of one unit and
reduce the space of another unit.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,ancl to the authority granted in Chapter 162,Florida Statutes,and Collier Coun.y Ordinance
No.04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections
10.02.06(B)(I)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)be corrected in the following manner:
1. By obtaining a Collier County permit all required inspections through Certificate of Occupancy within
90 days(September 24,2008).
2. In the alternative,by obtaining a Collier County demolition permit,all required inspections,
Certificate of Completion,and restoring the structure to its originally permitted condition within 90 days
(September 24,2008).
3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September
24,2008,then there will be a fine of$200 per day for each day that any violation remains.
4. That if,in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board
by September 24,2008,there will be a fine of$200 per day for each day that the violation remains.
5. That the Respondent is to notify Code Enforcement officials that the violation has beer'abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$363.84 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Orc.er appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Boards Order.
DONE AND ORDERED this 'sr day o ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLL l DA
BY:i'tLi . / ' t�..Lor-
Gerald Lefebvre, % air
2800 North H. eshoe Driv
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this tSrday o _
2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,w o is
personally known to me or ✓who has produced a Florida Drivel's License as identification.
_______nr-----.F1 --KA'Ae . —1±CeaLl---s,
"'"� = IaiISTINE NOI.TGN i NOTARY PUBLIC
fie 4 MY COMMISSION�t DC G8S5: > My commission expires:
V.. -.1 EXPIRES:June 18,K?
13f,�t4,`' Bonded Thru Navy Public und.w:,r,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Caribe
estments, Inc.,Efrain and Marie Arce, 12275 Collier Blvd.,#14,Naples,Fla. 34116 this IS day of
,2008.
A.. /
M.Jean son,Esq.
•
, ;;Florida ar No.750311 -
Attorney for the Code Enforcement Board'
400 Fifth Avenue S.,Ste.300 _ ,
Naples,Florida 34102
(239)263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs.
DEPT NO. 2007030836
Caribe Investments of Naples, C/O Efrain & Marie Arce
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, €frg1,,) Aree , on behalf of himself crg as
representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the
resolution of Notices of Violation in reference (case) number 2007030836 dated the 29"' day of March, 2007.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for June 26th, 2008; to promote efficiency in the administration of the code
enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the
parties hereto agrees as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their
existence.
2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(a), & 10.02.06(B)(1)(e)(i)
of Collier County Ordinance 2004-41, and are described as the non-permitted removal &
erection of separation firewalls expanding the space of one unit, & reducing the space of
another..
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$363.84 incurred in the prosecution of this case.
2) Abate all violations by:
Obtaining a Collier County Building Permit, all required inspections, & Certificate of Occupancy
within 90 days of this hearing, or a fine of $200.00 will be imposed for each day any violation
remains, OR by obtaining a Collier County Demolition Permit, all required inspections, & Certificate
of Completion, and restoring the structure to it's originally permitted condition within* days of this
hearing, or a fine of$200.00 a day will be imposed for each day any violation remains.
3) Respondent must notify Code Enforcement that the violation has been abated and request the
In
• to come o�nd perform a site inspection.
014/6
Respondent I'd,' Michelle Arnold, Director
Code Enforcement Department
6/z /
60 /; d'/oo
Date Date
REV 2/23/07
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2007040147
vs.
ERIKA LABRA AND 1SIDRA TREGO,
Respondents
FINDINGS OF FACT.CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on June 26,2008,and the Board,having heard
testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its
Findings of Fact,Conclusions of Law,and Order of the Board,as follows:
1. That Erika Labra and Isidra Trego are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the
Respondents,having bean duly notified,appeared at the public hearing,and entered into a Stipulation.
3. That the Respondents were notified of the date of hearing by certified mail and by posting.
4. That the real property located at 172 2°d Street,Naples,FL,Folio 77211200004,more particularly
described as Lot 29,Block 2,TRAIL ACRES,UNIT 1,according to the Plat thereof recorded in Plat Book 3,Page
50,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land
Development Code,as amended,section 10.02.06(B)(1Xe)and the Collier County Code of Laws and Ordinances,
Section 104.1.3.5 in the following particulars:
Improvement of vacant residential property by placing fill dirt on property without obtaining required
Collier County building permits.
ORDER OF THE BOARD
Based upon the.foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier Couny Ordinance
No.04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section
10.02.06(B)(1)(e)and the Collier County Code of Laws and Ordinances,Section 104.1.3.5 be corrected in the
following manner:
1. By obtaining all necessary permits,inspections,and certificate of completion within 6)days(August
25,2008).
2. In the alternative,by removing all fill from property,returning property to its original vacant state
within 60 days(August 25,2008).
3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25,
2008,then there will be a fine of$200 per day for each day the violation remains.
4. That if, in the alternative,the Respondents does not comply with paragraph 2 of the Oder of the
Board by August 25,2008,there will be a fine of$200 per day for each day the violation remains.
5. That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform the site inspection.
6. That the Respondents are ordered to pay all operational costs incurred in the prosecut on of this
Case in the amount of$303.28 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Orc er appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Boards Order.
DONE AND ORDERED this 1 Sr day of 4,6,4,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY:�4 i ,Ad '.Amice,
erald Lefebvre, 'Pair /
2800 North Ho : shoe Driv,
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 'Srday of
2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, ida,who is
personally known to me or a.----"who has produced a Florida Driver's License as identification.
„s ‘ KRISTINE HOLTON
*; '+∎ MY COMMISSION•DD 686595 NOTARY PUBLIC
;,� "s EXPIRES;Jun818,2011
_ o«ao+nM,Homy a,�, a My commission expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this OJ DER h een s t by U. S. Mail to Erika
Labra and Isidra Trejo, 171 6th Street,Naples,FL 34113 this S I day of ,2008.
M.Jean son,Esq.
Florida Bar No. 750311
Attorney for the C�.ode Enforcement Board
400 Fifth Avenue S., Ste.300
Naples,Florida 34.104
(239)263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida ).13F3
Petitioner,
Vs.
DEPT NO. 2007040147
Labra, Erika and Isidra, Trejo
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, \ \b Se�1F
on behalf of+ elf or as
representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the
resolution of Notices of Violation in reference (case) number 2007040147 dated the 5th day of April, 2007.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for June 26th, 2008; to promote efficiency in the administration of the code
enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the
parties hereto agrees as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their
existence.
2) The violations are that of section(s) 10.02.06(B)(1)(e), Ord. 2004-41 and 104.1.3.5, Codes of
Laws and are described as Improvement of property prior to building permit and. Prohibited
activities prior to permit issuance.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$303.28 incurred in the prosecution of this case.
2) Abate all violations by:
Obtaining all necessary permits, inspections, and certificate of completion within 60 days of this
hearing or a $200.00 per day fine will be imposed for each day the violation remains.
Or remove all fill from property, returning property to its original vacant state within 60 days of this
hearing or a $200.00 fine will be imposed for each day the violation remains.
3) Respondent must notify Code Enforcement that the violation has been abated and request the
Investigator to come out and perform a site inspection.
't-,,ca Ljc(/\ (IL
Respondent Mi•
c a le Arnold, Director
Code Enforcement Department
(6- a6- a00 &•4, o�
Date Date
REV 2/23/07
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.CESD20080001(29
vs.
RUFINA CRUZ AND NOISES HERNANDEZ,
Respondents
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on June 26,2008,and the Board,having heard
testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its
Findings of Fact,Conclusions of Law,and Order of the Board,as follows:
1. That Rufina Cruz and Moises Hernandez are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the
Respondents,having been duly notified,appeared at the public hearing,and entered into a Stipulation.
3. That the Respondents were notified of the date of hearing by certified mail and by posting.
4. That the real property located at 3156 Van Buren Avenue,Naples,FL,Folio 52700240008,more
particularly described as Lot 6,Kelly Plaza,in accordance with the subject to the plat recorded in Plat Book 3,Page
95,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land
Development Code,as amended,section 10.02.06(BX1Xe)in the following particulars:
Unpermitted extension to Mobile Home.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,anti to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance
No.04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section
10.02.06(B)(1)(e)be co-rected in the following manner:
1. The Respondents have been issued a demolition permit,#2008050891 for the removal of the
unpermitted addition. The addition is removed,Respondents must receive a Certificate of Complet on within 21
days(July 17,2008).
2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by July 17,2008,
there will be a fine of$'00 per day for each day until such time as the violation has been abated.
3. That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform the site inspection.
4. That the Respondents are ordered to pay all operational costs incurred in the prosecut on of this
Case in the amount of$295.66 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Orcer appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this SC day of ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY:ILI[�..�/ / . . /s
erald Lefebvre, Fair
2800 North Hors shoe Driv
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this k Sr day of _,
2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, ',la,wh is
personally known to me or ''who has produced a Florida Driver's License as identification.
•KRISTINE HOLTON 41 � >w
f;riki MY COMMISSION II DD 686595 NOTARY PUBLIC
EXPIRES:June 18,2011
�t� eaMed mm How�y PubNe urWerxrtters My commission expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Rufina
Cruz and Moises Herna-idez,3156 Van Buren Avenue,Naples,Florida 34112 this lb' day of_ ,
2008.
X77
M.Je.i.wson,Esq.
� �
• .- ,.`„s, -; Flori .ar No. 750311
�.y� `'. '9y; '. Attorney for the Code Enforcement Board
;oaoty of COWER • 400 Fifth Avenue S.,Ste. 300
T Ns�a tin MO Naples,Florida 34102
I HEREBY CpkTI111' (239)263-8206
:orrect may'of a aoclim9nt on tile in
Board Minutes anti l;Ccoros of Cotiier Count)
AgT my nd-off of i at this
)WIGHT E. BROGX,CLERK OF COURTS
libb . - Dom. ..
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs.
DEPT NO. CESD20080001629
Rufina Cruz
Moises Hernandez
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Moises Hernandez, on behalf of himself or as representative for
Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices
of Violation in reference (case) number CESD20080001629 dated the 7th day of February, 2008_.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for June 26th, 2008; to promote efficiency in the administration of the code
enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the
parties hereto agrees as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their
existence.
2) The violations are that of section(s) 10.02.06 (B) (1) (e) of Ordinance 04-41, as amended, The
Collier County Land Development Code and are described as an unpermitted addition to mobile
home.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$ 295.66 incurred in the prosecution of this case.
2) Abate all violations by:
Respondents have been issued a Demolition Permit #2008050891 for the removal of the
unpermited additions T A dition is removed, respondents need to receive a Certificate of
Completion within of this hearing or a fine of $100.00 a day will be imposed until
Certificate of Completion obtained.
3) Respondent must notify Code Enforcement that the violation has been abated and request the
Investigator to come out and perform a site inspection.
espondent Michelle Arnold, Director
Code Enforcement Department
6Y/0/4 (7)-
D P Date
REV 2/23/07
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.CESD20080000E85
vs.
DAGOBERTO AND MARIA SALDANA,
Respondents
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on June 26,2008,and the Board,having heard
testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its
Findings of Fact,Conclusions of Law,and Order of the Board,as follows:
1. That Dagoberto and Maria Saldana are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the
Respondents, having been duly notified, failed to appear at the public hearing.
3. That the Respondents were notified of the date of hearing by posting.
4. That the real property located at 2626 Holly Avenue,Naples,FL,Folio 50891120000,mote particularly
described as Lot 39,HOLLY TERRACE,according to the plat thereof recorded in Plat Book 4,Page 64,of the
Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land
Development Code,as amended,section 10.02.06(BX1)(a)in the following particulars:
Owners of property did not complete inspections or receive certificate of occupancy for permit
2005033512 for mobile home located on the property and permit has expired. Mobile home has been vacant for a
long time and has exterior damage caused by the hurricanes.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in
Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section
I0.02.06(B)(I)(a)be co Tected in the following manner:
1. By obtaini rig a permit,related inspections and certificate of occupancy for the mobile home located
on the property within 60 days(August 25,2008).
2. In the alternative,by hiring a general contractor licensed in Collier County and obtaining a demolition
permit for removal of the mobile home and resulting debris to a site designated for final disposal. Licensed
contractor must execute demolition permit through to issuance of certificate of completion within 6)days(August
25,2008).
3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25,
2008,then there will be a fine of$200 per day for each day until such time as the certificate of occupancy is
obtained.
5. That if, in the alternative,the Respondents does not comply with paragraph 2 of the O;•der of the
Board by August 25,2008,there will be a fine of$200 per day for each day until such time as the demolition
permit receives certificate of completion.
6. If Respondents do not abate the violation in the time frame order,the County may abate the violation
by hiring a general contactor to demolish mobile home. If necessary,the County may obtain the assistance of the
Collier County Sheriff5 Office to enforce Code Enforcement Board Order. The Respondents shall be responsible
for all costs the County incurs to abate the violations.
7. That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform the site inspection.
8. That the Respondents are ordered to pay all operational costs incurred in the prosecut on of this
Case in the amount of$279.33 within 30 days.
Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of
the execution of the Orc er appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this I Sr day o 2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIE' COUNTY,FLORIDA �
BY: • //, ',1 I A
G rail; Lefebvre,Ch.,
2800 North Horses oe Drive /
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this I" day of
2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,w o is
personally known to me or ../who has produced a Florida Driver's License as identification.
„ ,,,,,,
NOTARY PUBLIC
;41 ;r�• IRISTINEHOLTON My commission expires:
.; • :.a MY COMMISSION#DD 888595
EXPIRES:June 18,2011
'4;;CTS. Bonded Thru Notary Public Underwriters ERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has besn sent by U. S.Mal to
Dagoberto and Maria S. Saldana,2626 Holly Avenue,Naples,FL 34112 this 1S1 day of 2008.
3tat.of FLORIDA /2
;aunty of COLLIER .y .,¢: yr :✓
Y
M.Jea son,Esq.
I HEREBY CERTIFY THAT this 1a a 11119 fAR Florida Bar No.750311
:orrect copy of a ao�t3mant on Me to Attorney for the Code Enforcement Board
Board Minutes ana Recaros of.ColiIBr Cow* 400 Fifth Avenue S.,Ste.300
1Ssrnv n a xi official se this Naples,Florida 34102
uay of (239)263-8206
:WIGHT E. 6ROGL, CLERK OF COURTS
RyyR
■r�� Y .
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2006090513
vs.
JAIME AND DAMARYS OLIVA,
Respondents
/
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on June 26,2008,and the Board,having heard
testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its
Findings of Fact,Conclusions of Law,and Order of the Board,as follows:
1. That Jaime and Damarys Oliva are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the
Respondents,having been duly notified,appeared at the public hearing,and entered into a Stipulation.
3. That the Respondents were notified of the date of hearing by certified mail and by posting.
4. That the real property located at 1340 Wild Turkey Drive,Naples,FL,Folio 00108120002,more
particularly described a;;Parcel#1: The West''V2 of the Southeast 1/4 of the Southwest'/4 of the Southeast'/.of
Section 26,Township 47 South,Range 27 East,lying and being in Collier County,Florida; Parcel #2: the East
one half of the Southeast one-quarter of the Southwest one-quarter of the southeast one-quarter of Section 26,
Township 47 South,Range 27 East,lying and being in Collier County,Florida is in violation of Cc Hier County
Ordinance 04-41,the Land Development Code,as amended,section 3.05.01(B)in the following particulars:
Vegetation removed on an undeveloped property without obtaining the proper required Collier County
permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,anc',to the authority granted in Chapter 162,Florida Statutes,and Collier Cowry Ordinance
No.04-41,it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section
3.05.01(B)be corrected in the following manner:
1. By preparing a mitigation plan which meets the criteria stated in 04-01,as amended,Section 10.02.06
E.3. The mitigation plat shall be prepared by a person who meets or exceeds the credentials specified in Section
10.02.02.A.3. The Respondent is required to establish a monitoring program(10.02.06 E..3.e.i)that would
determine the 80%survivability of species of the plants used in the mitigation effort over a two year period with
replacement required to maintain the 80%minimum annually. A minimum of two reports will be submitted by the
Respondent. This mitigation plan must be submitted within 60 days (August 25,2008).
2. All plant materials must be installed in accordance with the mitigation plan within 120 days of
acceptance of mitigation plan.
3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25,
2008,then there will be a fine of$200 per day for each day until such time as the mitigation plan is submitted.
4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 120 days of
acceptance of mitigation plan,there will be a fine of$200 per day for each day until the plant material is installed.
5. That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform the site inspection.
6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$460.20 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Orc er appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
r
DONE AND ORDERED this �S day o 2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,F •RID:
BY���
e .1d Lefebvre ' ha frfir
2800 North eshoe Dri
Naples,Flo da 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
•
The foregoing instrument was acknowledged before me this tSC day of
2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, F rida,wh is
personally known to me or ----Who has produced a Florida Driver's License as identification.
_,.a 'h; , KRISTINE HOLTON NOTARY PUBLIC
_,: a•, :.- MY COMMISSION#DD 686595 My commission expires:
?a'.r
EXPIRES:June 18,2011
"1};o li ` Bonded Thru Notary Public Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this OpER has been sent U. S.Mail to Jaime
^�yt�anyd Damarys Oliva, 110 Jung Blvd_. W.,Naples FL 34120 this , day of 2008.•State of
ounw of COWER
1 HEREBY CERTIFY THAT this Is a to OS M.Jean wson,Esq.
mem cony of a aocunteat on file in Florida Bar No. 750311
Board Minutes and ftecotd�s Collier COUnh Attorney for the Code Enforcement Board
)4 t�SS rr1V tt n 1.S#0� Na Fifth Avenue S.,Ste.300
��`"' ��,jj � Naples,Florida 34102
ay of 263 4206
WIGHT E. BROW(.CLERK OF COURTS
as.,VAINIMIII~ OR
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs.
CASE NO. 2006090513
Jaime & Damarys Oliva, Respondent(s)
STIPULATION/AGREEMENT
COMES NOW, the undersigned, av4 , on behalf of himself or
as representative for Respondent and enters into this Stipulation and
Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number
2006090513 dated the 26th day of June, 2008.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for June 26th, 2008; to promote efficiency in the administration of the code
enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the
parties hereto agrees as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their
existence.
2) The violations are that of Collier County Land Development Code as amended section(s)
03.05.01(B) are described as Vegetation removed over the allowable acreage without obtaining
the proper permits.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$460.20 incurred in the prosecution of this case within 30
days of this hearing.
2) The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended
Sec. 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the
credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring
program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in
the mitigation effort over a two year period with replacement required to maintain the 80% minimum
annually. A minimum of two reports will be submitted by the respondent. This mitigation plan must be
submitted within 60 days of this hearing or a daily fine of $200.00 will be imposed for each day until
mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan
within 120 days of acceptance of mitigation plan or a daily fine of$200.00 will be imposed for each day
until plant material is installed.
3) Respondent must notify Code Enforcement that the violation has been abated and request the
Investigator to come out and perform a site inspection.
Re put! n chelle Arnold, Director
Code Enforcement Department
691A9 jog
Date Date
REV 2/23/06
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2007060341
vs.
PATRIOT SQUARE,LLC,
DENNIS E. CLAUSSEN,R.A.,
Respondent.
/
ORDER ON UNOPPOSED MOTION TO DISMISS WITHOUT PREJUDICE
THIS CAUSE came on for public hearing before the Board on , 2008, on the Unopposed
Motion to Dismiss Without Prejudice, and the Board having heard and considered the matter, and being duly
advised in the premises,hereby GRANTS the said Motion.
ORDER OF THE BOARD
Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Fla.Stat.,and Collier
County Ordinance No.2007-44,it is hereby ORDERED:
(1)This case is dismissed without prejudice;and
(2)The Order recorded in the Official Records of Collier County,Florida,at O.R.Book 4338,Pages 3139-
': 3141,is hereby rescinded.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an appeal shall not stay the Board's Order.
DONE AND ORDERED at Collier County,Florida,this I St day of L ,2008.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLO• P A
State o FLORIDA r -..-r,7%,,, �,rr..• `e'L/� / AO" /L_
;ounry of COLLIER ° :44,n'"t:_, , erald LeFebvre hair
2800 North H. seshoe Drive/
I HEREBY CERTIFY THAT Bib i3 s awe* Naples,Flori a 34104
:orrect Cont 4t.a;coeurnt rt on file hi
3oard Minutes and Recoro±pf Collier Counh
Mft*Illy:h, a Affla l' this
ay of
)WIGHT E:BROCA,'Ct:ERK OF COURTS
116 sAt. ,......,. ..
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this t day of
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier Coun , orida,w o is
personally known to me or ✓ who has produced a Florida Driver's License as identification.
01%6 KRlSTINE HOLTON NOTARY LIC
■ TA MY COMMISSION#DD 686595 My commission expires:
EXPIRES:June 18,2011
^�Rf 3ondsd Thru Notary Pubit Undenvdters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Patriot
S are, Inc., Dennis E.Claussen,R.A., 1410 West Irving Park Road,Chicago,Ill. 60613 this 1 STday of
2008.
M.Jea wson Es q.
q
Florida Bar No.750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste.300
Naples,Florida 34102
(239)263-8206